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HomeMy WebLinkAbout20111075 Ver 1_Application_20111209Ja� VA / 1 � STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION BEVERLY EAVES PERDUE GOVERNOR Mr Bill Biddlecome U S Army Corps of Engineers Regulatory Field Office Post Office Box 1000 Washington, NC 27889 1000 Dear Sir A�€ Uh i a� w, EUGENE A Co SECRETARY December 6, 2011 111 ® 75 Mr Stephen Lane Division of Coastal Management N C Dept of Env & Natural Resources 400 Commerce Avenue Morehead City, NC 28557 Subject Application for an Individual Section 401 Water Quality Certification, Individual Section 404 permit and CAMA Mayor Permit for the construction of US 158 from the Murfreesboro Bypass to US 13 west of Winton, Hertford County, TIP No R 2583 State Project No 6 079007T The North Carolina Department of Transportation (NCDOT), Division of Highways in consultation with the Federal Highway Administration (FHWA), proposes to widen and construct new alignment of US 158 from the Murfreesboro Bypass to US 13 west of Winton The protect is approximately 8 1 miles in length Included with this application are • ENG Form 4345 • 413 and 4C Merger Process meeting minutes • Permit Drawings • NCEEP Mitigation Letter • CAMA Mayor Permit Application Forms 10 Purpose and Need The purpose and need for this Project, as identified in the State Environmental Assessment (SEA), is to provide system linkage, support economic development and to ensure future safety along the project limits MAILING ADDRESS NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1598 MAIL SERVICE CENTER RALEIGH NC 27699 1598 TELEPHONE 919 707 6100 FAX 919 212 5785 WEBSITE VM'W NCDOT ORG LOCATION 1020 BIRCH RIDGE DRIVE RALEIGH NC 27610 4328 2 0 Project Description The proposed project will widen US 158 in Hertford County to a multi -lane facility from the Murfreesboro Bypass to US 13 west of Winton A four lane divided facility, consisting of four 12 foot travel lanes paved shoulder and a 46 foot wide grassed median, is proposed 3 0 Summary of Impacts Waters of the U S Proposed impacts to jurisdictional areas of R 2583 total 3 43 acres of permanent wetland impacts and 1,887 linear feet of permanent stream impacts See Table 1 for the permanent and temporary impact summary 4 0 Summary of Mitigation This project has been designed to avoid and minimize impacts to jurisdictional areas in accordance with the National Environmental Policy Act (NEPA) throughout the design process Compensatory wetland and stream mitigation will be provided by the North Carolina Ecosystem Enhancement program (NCEEP) See attached letter 5 0 Project Schedule This project is part of the NCDOT s Design Build Program Utility relocating is permitted separately under a CAMA general permit and scheduled to begin in the spring of 2012 and last approximately one year Roadway construction will be carried out concurrently with the utility relocation and is scheduled to begin in summer 2012 and be completed the summer of 2013 6 0 NEPA Document Status The State Environmental Assessment (SEA) was completed on April 27, 2006 The SEA explains the purpose and need for the project, provides a description of the alternatives considered, and characterizes the social, economic, and environmental effects The SEA was approved and circulated to federal, state and local agencies A State Finding of No Significant Impact (SFONSI) was approved on June 3, 2008 Jurisdictional wetlands and stream areas were verified and re venfied throughout the process The most recent re verification by the USACE was in September 2011 Copies of the project documents have been provided to regulatory review agencies involved in the approval process Additional copies will be provided upon request R 2583 has gone through the NEPA/404 merger process The 4A meeting was held on January 17, 2008 The 4B and 4C meetings were held on July 20, 2011 and October 20, 2011, respectively 6 1 Independent Utility R 2583 is in compliance with 23 CFR Part 771 111(f) which lists the FHWA characteristics of the independent utility of a project The project meets the criteria for independent utility as discussed below 2 The project has logical termini and independent utility and is of sufficient length to address environmental matters on a broad scope, • The project is usable and a reasonable expenditure of funds, even if no additional transportation improvements are made in the area, and • The project does not restrict consideration of alternatives for other reasonably foreseeable transportation improvements 7 0 Resource Status The project is located in the Chowan River Basin USGS Hydrologic Unit 03040204, NCDWQ Subbasm 03 01 02 Potecasi Creek ( NCDWQ Index No 25 -4 -8 9/6/79) and Mill Branch ( NCDWQ Index No 25 4 8 11 9/6/79) are the only named streams within the protect area Both named streams are classified as Class C Nutrient Sensitive Waters (NSW) The unnamed tributaries to these streams have not been classified, unclassified tributaries carry the same classification as the classified stream to which they are a tributary No High Quality Waters (HQW), Waster Supplies (WS 1 undeveloped watersheds or WS II predominately undeveloped watersheds), nor Outstanding Resource Waters (ORW) occur within 10 mile of the project study area 7 1 Wetland Delineations A wetland identification and preliminary assessment analysis for the study area was performed and summarized in the September 2004 Natural Resources Technical Report (NRTR) and January 2006 Addendum After the selection of the preferred Alternative the wetlands within the preferred corridor were delineated based on the 1987 USACE Wetland Delineation Manual A preliminary design was prepared to avoid and minimize wetlands to the maximum extent possible This delineation was verified by the USACE, Wilmington Distract on February 5, 2004 The project area was subsequently increased by approximately 50 acre and an Addendum to the NRTR was prepared in January 2006 A second JD was issued by Bill Biddlecome of the USACE, Wilmington District on March 30, 2006 The jurisdictional areas within the corridor were again re evaluated based on a concern raised after the July 2011 4B meeting The revised delineation was approved by Mr Biddlecome in September 2011 Jurisdictional wetlands within the project area are shown on the attached permit plans and described in detail in the SAE 2004 NRTR and 2006 Addendum 7 2 Stream Delineations Stream assessments were included in the 2004 NRTR and 2006 Addendum These assessments and delineations were approved by the USACE, Wilmington District in the above discussed verifications 7 3 Characterization of Jurisdictional Sites 7 3 1 Wetlands Six wetlands types were identified with the project corridor and described in the 2004 NRTR The wetlands vary in size, vegetation, hydrologic regime and location on the landscape The below descriptions were taken from the 2004 NRTR Pine Savanna Wetland One site, this wetland type is composed of a monoculture of loblolly pine Sub canopy and shrub layer are sparse and comprised of American holly, red maple and sweetgum This wetland can be classified as Palustrine, forested wetland, needle - leaved evergreen, intermittently flooded (PFO4C) Headwater Ditch These are jurisdictional ditches that either drain from jurisdictional wetlands or occur within mapped hydric soil units On site, the ditches run through agricultural areas and pine plantation They exhibit wetland vegetation, wetland hydrology and hydric soils These wetlands can be classified as forest or scrub shrub broad - leaved deciduous (PFO1 C or PSS1C) Headwater Forest Wetland Within the project corridor headwater wetlands generally begin as depression adjacent to uplands that collect surface water Many begin at the discharge point of agricultural drainage ditches Stream channels begin in these wetlands These wetlands can be classified as palustrinre forest wetlands, broad leaved deciduous and needle leaved evergreen (PFO1 /4C) Swamp Forest Wetland These wetlands are associated with steams They are frequently or permanently inundated This wetland can be classified as palustrine forested wetland broad leaved deciduous (PFO1 B /C) Scrub Shrub Wetland These are recently disturbed wetlands usually through timber harvesting activities These wetlands can be classified as palustrine, shrub shrub wetlands broad leaved deciduous (PSS1A/B) Bottomland Hardwood Forest Wetlands The bottomland hardwood forests are typically associated with larger streams The canopy is dominated by bald cypress These wetlands can be classified as palustrine, forested wetland, road leaved deciduous vegetation (PFO1 C) Riparian Forest Wetlands 4 Riparian Forest wetlands are typically located in small depressions within the upland floodplams of perennial streams These wetlands can be classified as palustrine, forested wetlands, broad - leaved deciduous vegetation (PFO1B) 7 4 Impacts to Jurisdictional Resources Impacts to jurisdictional resources resulting from the construction of R 2583 total 3 43 acres of permanent wetland impacts and 1 887 linear feet of permanent stream impacts See attached Table 1 for the impact summary and attached permit drawings for location of impacts 8 0 Protected Species Plants and animals with federal classification of Endangered (E), Threatened, Proposed Endangered (PE) and proposed Threatened (PT) are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended The United States Fish and Wildlife Service (last update 09/22/2010) and the NVNHP (last updated 10/18/2011) list one federally protected species for Hertford County Common Scientific Federal Habitat Biological Name Name Status Present Conclusion Red cockaded Picoides E Yes No Effect woodpecker borealis HDR and HARP personnel conducted a survey of the Study Area on December 10 and 11, 2003 Limited suitable habitat for the Red cockaded woodpecker was identified No individuals or nest cavities of this species were observed during the site visit 8 1 Bald and Golden Eagle Protection act (BGPA) In the July 9 2007 Federal Register (72 37346 37372), the bald eagle was declared recovered and removed from the Federal List of Threatened and Endangered wildlife This removal took effect August 8 2007 After delistmg, the Bald and Golden Eagle Protection Act (Eagle Act) (16 U S C 668 668d) becomes the primary law protecting bald eagles Surveys for bald eagles were conducted concurrently with the RCW surveys No individuals or nests were identified during the surveys This project will have no effect on the bald eagle 9 0 Cultural Resources The potential effect of the proposed R 2583 on cultural resources in the project area was evaluated in accordance with Section 106 of the National Historic Preservation Act of 1966, as amended As described in Section E 2 of the SEA, three properties within the proposed study area were determined eligible for the National Register However, the proposed project will not result in an effect upon the eligible historic properties, The State Historic Preservation Office concurs that the proposed project would not have an effect upon these historic properties (See letter dated January 2006 in Appendix B of the SEA) According to the Project Commitments (SFONSI Green Sheets Signed June 3 2008), an archaeological commitment was made for data recovery on Site 31HF268 Data recovery will be conducted by the Department Construction activities of any kind shall not take place within Site 31 HF268 until all data recovery efforts have been completed by either the NCDOT Archaeology Unit or one of their consultants Purchase of this property has been initiated NCDOT will be notified once the acquisition is completed If any previously unknown historic or archeological remains are discovered while accomplishing the authorized work, NCDOT Staff Archaeologist and / or NCDOT Project Development Engineer shall immediately notify, to initiate the required State /Federal coordination Two graves will be relocated as a result of the project (approximately Sta 295 +10 Lt and 360 +25 Rt) These graves will be relocated following applicable North Carolina Statutes (i e NC GS 65 or NC GS 70, Article 3) and will be determined in consultation with the NCDOT Archaeology Group 10 0 FEMA Compliance The project has been coordinated with appropriate state and local agencies including the North Carolina Floodplain Mapping Program (NCFMP) to assure compliance with FEMA state and local floodway regulations 110 Mitigation Options The NCDOT is committed to incorporating all reasonable and practicable design features to avoid and minimize jurisdictional impacts, and to provide full compensatory mitigation of all remaining unavoidable jurisdictional impacts Avoidance measures were taken during the planning and NEPA compliance stages minimization measures were incorporated as part of the project design 111 Avoidance and Minimization All jurisdictional features were delineated, field verified and surveyed within the R 2583 corridor Using this information, preliminary designs were adjusted to avoid and /or minimize impacts to jurisdictional areas NCDOT employs many strategies to avoid and minimize impacts to jurisdictional areas in all of its designs Many of these strategies have been incorporated into BMP documents that have been reviewed and approved by the resource agencies and which will be followed throughout construction All wetland areas not affected by the project will be protected from unnecessary encroachment Individual avoidance and minimization items are as follows • Staging of construction equipment or construction supplies will not be allowed in wetlands or near surface waters • The project was designed to avoid or minimize disturbance to aquatic life movements • BMP s will be implemented to minimize long term water quality impacts • No excavation, fill or land clearing will occur within Water of the U S or other jurisdictional area, except as authorized by the USACE The location and on characteristics of all borrow or waste sites will be documented All documentation will be available to the USACE upon request • No work will take place that will impact anadromous fish spring migration — February 15 — June 15 • Crossings of jurisdictional areas were angled to cross as close to perpendicular as possible • Median widths were reduced to 46 feet • The use of 3 1 fill slopes in jurisdictional areas • The use of bridges verses culverts where practicable • The use of hand clearing in jurisdictional areas where practicable • Staged construction of all box culverts • Lowered profile grade to reduce project footprint 112 Compensation The NCDOT has avoided and minimized impacts to jurisdictional resources to the greatest extent possible as described above The 3 43 acres of unavoidable wetland impacts and 1 887 linear feet of unavoidable stream impacts will be offset through compensatory mitigation from the North Carolina Ecosystem Enhancement Program (NCEEP) See attached letter 12 0 Indirect and Cumulative Effects Indirect and Cumulative Effects are discussed in Section H of the SEA The improved roadway should prove an incentive for economic developments in Winton and Hertford County by providing a four lane highway connection to Interstate 95 This improved regional access is vital to the attraction of new industry and employment opportunities As new industries and business establish other development may occur which may result in an increased population and greater demand for housing Development along the corridor will change the character of the area from rural to a more suburban setting The proposed controlled access should limit land use changes and increase safety of the roadway As the economy grows the low median income is expected to increase and poverty rates decrease Existing land planning and development policies, the lack of access to new land the large amount of rural land, limited availability of utilities outside developed areas, low population growth and limited development pressure should limit the potential for induced growth to further degrade water quality in the area 7 13 0 Regulatory Approvals Section 404 Application is hereby made for a USACE Individual 404 Permit as required for the above described activities Section 401 This letter serves as a request for a Section 401 Water Quality Certification from the N C Division of Water Quality CAMA Mayor Permit This letter serves as a request for a CAMA mayor permit Please contact me with any questions Enclosures J Thank you for your cooperation Sincerely U� Gregory Thorpe PhD Environmental Management Director PDEA U S ARMY CORPS OF ENGINEERS OMB APPROVAL NO 0710 -0003 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT EXPIRES 31 AUGUST 2012 33 CFR 32 Public reporting for this collection of information is estimated to average 11 hours per response including the time for reviewing instructions searching existing data sources gathering and maintaining the data needed and completing and reviewing the collection of information Send comments regarding this burden estimate or any other aspect of the collection of information including suggestions for reducing this burden to Department of Defense Washington Headquarters Executive Services and Communications Directorate Information Management Division and to the Office of Management and Budget Paperwork Reduction Project (0710 0003) Respondents should be aware that notwithstanding any other provision of law no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number Please DO NOT RETURN your form to either of those addresses Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity PRIVACY ACT STATEMENT Authorities Rivers and Harbors Act Section 10 33 USC 403 Clean Water Act Section 404 33 USC 1344 Marine Protection Research and Sanctuaries Act Section 103 33 USC 1413 Regulatory Programs of the Corps of Engineers Final Rule 33 CFR 320 332 Principal Purpose Information provided on this form will be used in evaluating the application for a permit Routine Uses This information may be shared with the Department of Justice and other federal state and local government agencies and the public and may be made available as part of a public notice as required by Federal law Submission of requested information is voluntary however if information is not provided the permit application cannot be evaluated nor can a permit be issued One set of onginal drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and /or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity An application that is not completed in full will be returned (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1 APPLICATION NO 2 FIELD OFFICE CODE 3 DATE RECEIVED 4 DATE APPLICATION COMPLETE (ITEMS BELOW TO BE FILLED BYAPPLICANT) 5 APPLICANTS NAME 8 AUTHORIZED AGENTS NAME AND TITLE (agent is not required) First Gregory Middle J Last Thorpe First Robert Middle S Last Lepsic Company North Carolina Department of Transportation Company ARCADIS G&.M of NC Inc E mail Address gthorpe @ncdot gov E mail Address robert lepsic @arcadis us corn 6 APPLICANTS ADDRESS 9 AGENTS ADDRESS Address 1598 Mail Service Center Address 801 Corporate Center Drive Suite 300 City Raleigh State NC Zip 27699 Country US City Raleigh State NC Zip 27607 Country US 7 APPLICANTS PHONE NOs w /AREA CODE 10 AGENTS PHONE NOs WAREA CODE a Residence b Business c Fax a Residence b Business c Fax 919 707 6000 919 854 9812 919 854 -5448 STATEMENT OF AUTHORIZATION 11 1 hereby authorize to act in my behalf as my agent in the processing of this application and to fumish upon request supplemental information in support of this permit application SIGNATURE OF APPLICANT DATE NAME LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12 PROJECT NAME OR TITLE (see instructions) US 158 Widening from Murfreesboro to US 13 west of Winton 13 NAME OF WATERBODY IF KNOWN (if applicable) 14 PROJECT STREET ADDRESS (if applicable) See Attached Address 15 LOCATION OF PROJECT Latitude N 036 24 21 09 Longitude W 076 59 35 56 City State Zip 16 OTHER LOCATION DESCRIPTIONS IF KNOWN (see instructions) State Tax Parcel ID Municipality Section Township Range ENG FORM 4346 OCT 2010 EDITION OF OCT 2004 IS OBSOLETE Proponent CECw -OR 17 DIRECTIONS TO THE SITE See Attached 18 Nature of Activity (Description of project include all features) See Attached 19 Project Purpose (Describe the reason or purpose of the protect see instructions) See Attached USE BLOCKS 20 23 IF DREDGED AND /OR FILL MATERIAL IS TO BE DISCHARGED 20 Reason(s) for Discharge See Attached 21 Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards Type Type Type Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards 22 Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Acres 3 43 or Linear Feet l 887 23 Description of Avoidance Minimization and Compensation (see instructions) See Attached ENG FORM 4345 OCT 2010 24 Is Any Portion of the Work Already Complete? QYes QNo IF YES DESCRIBE THE COMPLETED WORK 25 Addresses of Adjoining Property Owners Lessees Etc Whose Property Adjoins the Waterbody (ri more than can be ante ed h re p] ase attach a supplemental i sp a Address See Attached City State Zip b Address City State Zip c Address City State Zip d Address City State Zip e Address City State Zip 26 List of Other Certificates or Approvals /Denials received from other Federal State or Local Agencies for Work Described to This Application AGENCY TYPE APPROVAL IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED NUMBER See Attached Would include but is not restricted to zoning budding and flood plain permits 27 Application is hereby made for permit or permits to authonze the work described in this application I certify that this information to this application is complete and accurate I further certify that I possess the authority to undertake the work descnbed herein or am acting as the duly authonzed agent of the applicant SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE The Application must be signed by the person who desires to undertake the proposed activity (applicant) or It may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed 18 U S C Section 1001 provides that Whoever in any manner within the junsdictlon of any department or agency of the United States knowingly and willfully falsifies conceals or covers up any trick scheme or disguises a material fact or makes any false fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false fictitious or fraudulent statements or entry shall be fined not more than $10 000 or imprisoned not more than five years or both ENG FORM 4345 OCT 2010 MEETING NOTES Date July 20 2011 HNTB Project No 55694 Meeting Name R 2583 (Design Build) CP 4B Hydraulics Design Review Meeting Location Structures Conference Room C Purpose CP 4B Hydraulics Design Review Meeting ■ Attending David Wainwright NC DWO Bill Zerman NCDOT Hydraulics Bill Biddlecome USACE Khaled Al Akhdar NCDOT TPMU Cathy Brittingham DCM Roger Rochelle NCDOT TPMU Gary Jordan USFWS Ron Wilkins NCDOT Utilities Travis Wilson NCWRC Chris Militscher USEPA Jonathan Bivens ST Wooten Mike Stephens ST Wooten Michael Alford ST Wooten Enrico Roque HNTB James Byrd HNTB Chris Manley NCDOT NEU Chris Rivenbark NCDOT NEU Phil Harris NCDOT NEU Elizabeth Lusk NCDOT NEU Mark Staley NCDOT REU Benjamin Henegar HNTB Bob Lepsic ARCADIS The following is a summary of the discussions and decisions reached during the CP 4B Meeting held on July 20 2011 for the US 158 Widening Design Build Project • Introduction • Khaled provided a brief project overview and introduced the Design Build Team • James Byrd advised that schematic (red line) hydraulic designs would be reviewed on screen as opposed to a marked up set of plans • Byrd also advised that a majority of field work had been completed so HNTB has site photos of many of the jurisdictional sites • Byrd further advised that all pipes and culverts east of US158 Business under the main line would be either filled with flowable material or removed and replaced with new crossings in accordance with the Project Contract and as a result of Division requirements Page 1 of 6 • L Sta 23+00+/ • Existing 42 CMP will be removed and replaced with a 42 RCP upstream and a 48 downstream • The difference in pipe sizing between upstream and downstream is attributed to the downstream pipe being buried 10 since the outfall is a JS The 48 RCP will be analyzed as a 42 RCP to account for the buryment • Upstream - Wetland WTT no JS Ditches that drain towards the wetlands will be designed to taper out to zero depth and stop short of the wetlands to allow for diffused flow David Wainwright questioned how diffused flow would be obtained? Byrd advised that as the ditch depth reduces towards 0 flow would begin to spill out and flow over natural ground o Downstream Wetland WSS JS SS Riprap outlet protection will be placed on banks only • L Sta 41 +00 +/ • Existing 36 RCP will be removed and replaced with a 36 RCP • Upstream - no jurisdictional area • Downstream Wetland WRR no JS Roadside ditches will discharge directly into outfall Outfall had no measured flow • L Sta 95 +00 +/ o Existing 36 RCP will be removed and replaced with a 30 RCP • Upstream - no jurisdictional area • Downstream - Wetland WQQ no JS The wetland currently shown on the plans has been filled by the property owner The proposed project will not impact the wetland • L Sta 148 +00 +/ (Stream SD Potecasi Creek Tributary 1) • Existing 2 @ 12 x 6 RCBC will be removed and replaced with 2 @ 12 x 8 RCBC • Potecasi Creek Tributary 1 is a FEMA Limited Detailed Study Stream and meets NCFMP MOA criteria • One of the reasons the existing RCBC is being upsized is so that the inverts can be buried the minimum required depth of 10 • This site was reviewed in the field with DCM and the D B Team DCM claimed jurisdiction downstream of US158 but not upstream Page 2 of 6 o Upstream Wetland WPP Ditch from back station will discharge directly into creek ■ Station ahead nprap toe protection is proposed to form a ditch with the fill slope and existing ground The D B Team understands that a large portion of the wetlands from L Sta 148 +00 to Sta 154 +00 (RT) will be impacted o Downstream - Wetland WPP The existing RCBC will be removed and the outfall channel excavated through the roadway embankment Riprap will be placed on the new channel banks but not in the stream bed ■ Bill Zerman questioned whether the RCBC outlet could be shifted to the west to better align with the downstream channel Byrd advised that the outlet location was set in conjunction with the proposed cul de sac and any movement to the west would impact additional properties L Sta 163 +00 +/ • Existing 18 RCP will be removed and replaced with a 18 RCP • Upstream - no jurisdictional area o Downstream - Linear Wetland WNN no JS Bill Biddlecome advised that the linear wetlands will be revisited and confirmed L Sta 168 +00 +/ • Existing 24 RCP will be removed and replaced with a 24 RCP • Upstream - no jurisdictional area o Downstream - Linear Wetland WMM no JS Bill Biddlecome advised that the linear wetlands will be revisited and confirmed L Sta 175 +00 +/ • Existing 42 RCP will be removed and replaced with a 48 RCP Upsizing is due to inverts being buried the minimum required depth of 10 • Upstream - Wetland WLL and JS SO o Downstream - Wetland WLL and JS SO Chris Militscher questioned how the pipe alignment was set? Byrd advised that since the existing pipe had to be removed the new pipe would be installed in the same trench Byrd added that while the outlet alignment is not directly downstream moving the pipe to the west would result in a more severe outlet skew Byrd advised that utility relocations at this site would be by direction bore Page 3 of 6 • L Sta 178 +00 +/ (LT) - Wetland WKK • Chris Militscher questioned the functionality of the wetland given that no jurisdictional features are shown upstream or downstream • Militscher also expressed safety concerns with proposed fill slopes in close proximity to the roadway • Cross sections from 177 +00 to 179 +50 were reviewed • Militscher advised that std fill slopes should be used through this area • L Sta 190 +00 +/ • Existing 48 RCP will be removed and replaced with a 48 RCP 48 RCP will be buried the minimum required depth of 10 • Upstream Wetland WJJ and JS SC o Downstream Wetland WJJ and JS SC Byrd advised that utility relocations at this site would be by direction bore • L Sta 209 +50 +/ • Existing 36 RCP will be removed and replaced with a 36 RCP The downstream portion of the 36 RCP will be buried the minimum required depth of 10 • Upstream - No JS o Downstream -JS SJ ■ Chris Militscher questioned whether this stream was spring fed since there is no jurisdictional feature upstream Byrd advised that this site had not been field investigated yet and added that a spring would be looked for • L Sta 219 +50 +/ • Byrd advised that this section of the project was on new location • Byrd added that there was a small portion of JS under the roadway but that it does not extend upstream or downstream L Sta 239 +00 +/ • Upstream - Wetland WCC and JS SF Byrd advised that this wetland will be a total take • Downstream Wetland WCC and JS SF ■ Byrd advised that outlet pipe is at flat slope to minimize outlet velocities into wetland Page 4 of 6 • L Sta 242 +00 +/ (Stream SB Potecasi Creek) • Byrd advised that the wetlands are being spanned by the proposed dual bridges • Byrd added that there are no deck drains and that all bridge runoff is discharged outside jurisdictional areas • Potecasi Creek is a FEMA Limited Detailed Study Stream and meets NCFMP MOA criteria • Byrd advised that the existing US158 bridge was being removed entirely and that the ground behind the vertical abutments would be sloped back at 31 and riprapped • This site was reviewed in the field with DCM and the D B Team DCM claimed jurisdiction on this reach of the creek • Cathy Bnttingham questioned the existing and proposed bridge lengths and clear distances from the WSEL to the low chord ■ From a review of field survey and design data the existing US158 bridge has a vertical clear distance of 115 while the proposed bridge crossings have a vertical clearance of 16 4 • Byrd advised that the existing US158 bridge is 120 in length while the proposed crossings are approximately 375 (US) & 330 (DS) respectively • Byrd advised that the vertical clearances of proposed bridges were set to provide 2 of freeboard from the design year storm ((50 yr) to the low chord or approximately 15 5 • Gary Jordan questioned whether any consideration had been given to removing all of the roadway embankment for existing US158? • Jonathan Bivens advised that there was a waterline in the fill that would require relocation if the fill were removed so it was not considered • L Sta 255 +50 +/ (LT) - Wetland WX • Byrd advised that a proposed 18 RCP would discharge into the wetland • Byrd added that there are no other jurisdictional features in the vicinity of this wetland • L Sta 339 +50 +/ o Existing box culvert and 36 CMP extensions will be removed and replaced with a 30 RCP o Upstream Wetland WG no JS o Downstream - Linear Wetland WE no JS As previously noted all linear wetlands will be revisited and confirmed • L Sta 352 +00 +/ (Stream SA - Mill Branch) • Byrd advised that the 4 existing box culverts will be removed and replaced with a combination of box culvert and large concrete pipes • Byrd added that 3 of the 4 box culverts were constructed in 1922 and extended in 1977 o This site was reviewed in the field with DCM and the D B Team DCM did not claim jurisdiction o Upstream and downstream - Wetland WD Page 5 of 6 • L Sta 359 +50 +/ • Existing 24 RCP closed drainage system will be removed and replaced with a 36 RCP system • Upstream - Wetland WC no JS Byrd advised that feature is the outfall from the Wackenhut Correctional facility stormwater pond Bill Biddlecome advised that his notes indicated that this is JS SP • Downstream - No jurisdictional features • L Sta 369 +50 +/ • Existing 18 RCP will be filled with flowable material Due to proposed roadway profile there will not be a pipe outlet into this linear wetland • Upstream - No jurisdictional features • Downstream - Wetland WB James Byrd advised that there were no additional jurisdictional impacts on the L Line or any of the Y Lines Byrd added that the CP 4C Meeting is currently scheduled for October 20 2012 After the formal meeting concluded Khaled advise the D B Team that the Agencies are going to revisit and verify all sites He added that the information from these verifications should be available sometime in September Khaled was informed by the D B Team that a September date was unacceptable and would create serious scheduling concerns This is our understanding of items discussed and decisions reached Please contact us if there are changes or additions Submitted by HNTB CORPORATION James A Byrd PE Hydraulics Manager cc Attendees Page 6 of 6 MEETING NOTES Date October 20 2011 HNTB Project No 55694 Meeting Name R 2583 (Design Build) CP 4C Permit Drawing Review Meeting Location Structures Conference Room C Purpose CP 4C Permit Drawing Review Meeting Attending David Wainwright NCDWQ Bill Biddlecome USACE Chandrakant Sura NCDOT CM Gary Jordan USFWS Travis Wilson NCWRC Bob Capehart NCDOT -Div 1 Jonathan Bivens ST Wooten Michael Alford ST Wooten Enrico Roque HNTB Phillip Rogers HNTB HNT0 Bill Zerman NCDOT Hydraulics Khaled Al Akhdar NCDOT TPMU Kerry Morrow NCDOT TPB Ron Wilkins NCDOT Utilities Chris Manley NCDOT NEU Chris Rivenbark NCDOT NEU Mark Laugisch NCDOT REU Mark Staley NCDOT REU Benjamin Henegar HNTB Robert Lepsic ARCADIS The following is a summary of the discussions and decisions reached during the CP 4C Meeting held on October 20 2011 for the US 158 Widening Design Build Project • Introduction o Khaled provided a brief overview and turned it over to the Design Build Team • The Design Build Team provided revised hard copies of the Impact Summary Sheet • Phillip Rogers stated that the main purpose of the revised Impact Summary Sheet is due to the change in how permanent and temporary stream impacts were tabulated In general temporary stream impact was added approximately 10 from the end of the rip rap outlet or channel improvements In addition this change was also included in the permit drawings presented at the meeting even though the previous copy provided to the agencies did not include it • Mr Rogers provided a brief summary of each permit site In addition agency questions and concerns were discussed as noted below • Site 1 o Mr Rogers discussed how lateral ditches that drain toward wetlands will be tapered down to zero depth in order to diffuse flow before entering the wetlands In addition swale outlet data has been provided on the permit drawings The same general approach is being used at multiple sites There were no questions for this site • Site 2 o Mr Wainwright asked about how stormwater is being treated before entering the culvert through a 15 RCP Mr Henegar stated that most of the runoff will receive grass Swale treatment before discharging into the box culvert Mr Henegar also noted that the discharge would be relatively low (approximately 5 6 cfs) at this location • Site 3 o Mr Wainwright inquired about the alignment of the proposed 48 RCP outlet as well as the outlet velocity and the depth of the existing channel downstream Mr Henegar stated that the Vio is 6 cfs and that the channel is approximately 1 ft deep The agencies agreed that the proposed alignment is okay and no further action is required • Site 4 o The question was asked as to why we are showing hand clearing in the existing easement left of Sta 177 +50 Since the existing easement is already likely cleared in this location Mr Rogers stated that some clearing appeared to be needed in this area based on survey and that due to rounding to the nearest hundredth acre all of the wetland within the easement was shown hatched as impact • Site 5 o Mr Biddlecome inquired about why we are showing so much hand clearing right of Sta 190 +00 where we are proposing trenchless installation of utilities Mr Rogers stated that hand clearing was shown to the limits of the PUE due the placement of overhead power lines in this easement • Site 6 o There were no questions for this site • Site 7 o There were no questions for this site • Site 8 o There were no questions for this site • Site 9 o Mr Biddlecome inquired about utilizing hand clearing instead of mechanized clearing in the wetland left of Sta 241 +00 Mr Bivens stated that he felt that it would be unlikely that the D B team would be able to construct this area without mechanically clearing due to topography • Site 10 o An inquiry was made regarding the temporary work bridge vertical clearance It was also stated that The D B team should coordinate with DCM concerning minimum horizontal and vertical clearance since Potecasi Creek is often used for canoeing Mr Rogers stated that the approximate work bridge elevation currently noted on the roadway profile sheet is 7 5 Mr Bivens stated that the work bridge design has not been finalized and that the D B team will work to accommodate the required horizontal and vertical clearances o Mr Biddlecome requested that the D B team account for mechanized clearing in the wetlands where the proposed piers will be located in addition to the hand clearing already shown These bridge impacts will be included as a note on the impact summary table o Mr Capehart stated that the limits of hand clearing off the proposed bridges does not look sufficient The current hand clearing limits are offset at 10 The D B team agreed with this comment and will revise the hand clearing offset to 30 o Mr Jordan inquired about the proposed bridge length over Potecasi Creek as he recalled a project commitment to a minimum bridge length of 390 Mr Rogers stated that the longer of the two dual bridges is approximately 370 and that the design does span the wetland Mr Bivens reiterated that the proposed profile has been lowered from the original design and that this would make a difference in the estimated bridge length Gary stated that he agrees that the intent was to span the wetlands which the D B team is accomplishing however for future reference it may be better to define the toe of slope when setting span commitments and also asked that NCDOT notify the agencies of any deviation from future commitments • Site 11 o There were no questions for this site • Site 12 o Mr Wainwright requested that the D B team provide an additional scaled detail for this site as well as other similar sites in order to show impacts more clearly The D B team agreed to include this detail for a few sites as needed • Site 13 o There were no questions for this site • Site 14 o There were no questions for this site • Site 15 o Mr Biddlecome requested that the area right of Sta 339 +00 include excavation in wetlands where trenching will be required in order to install utilities It was also requested that wetland impacts be shown accordingly for all similar sites The D B team agreed to revise the permit drawings and update the impact summary accordingly • Site 16 o There were no questions for this site • Site 17 o There were no questions for this site This is our understanding of items discussed and decisions reached Please contact us if there are changes or additions Submitted by HNTB CORPORATION Phillip E Rogers PE Project Engineer cc Attendees ®®M MP4 APPUCATION Mr MaJor Development Permit (last revised 12/27/06) )l 7w��- North Carolina DIVISION OF COASTAL MANAGEMENT 1 Primary Applicant/ Landowner Information r ' ` rw �a -P, Z r Business Name Project Name (if applicable) North Carolina Department Of Transportation ( Ncdot) US 158 Widening from Murfreesboro to US 13 west of Winton Applicant 1 First Name MI Last Name Gregory J Thorpe Applicant 2 First Name MI Last Name Agent/ Contractor 1 First Name MI If additional applicants please attach an additional page(s) with names listed Last Name Mailing Address PO Box City S State 1598 Mail Service Center Raleigh NC ZIP Country Phone No FAX No 27699 1598 Wake 919 707 6000 ext City Street Address (if different from above) City State ZIP PDEA Century Center Budding A 1000 Birch Ridge Drive Raleigh NC NC 27610 Email Phone No 1 cdmanley @ncdot gov 27607 5073 2 Agent/Contractor Information 5 r x r ems Business Name Arcadis G &M Of Nc Inc Agent/ Contractor 1 First Name MI Last Name Robert S Lepsic Agent/ Contractor 2 First Name MI Last Name Mailing Address PO Box City State 801 Corporate Center Drive Suite 300 Raleigh NC ZIP Phone No 1 Phone No 2 27607 5073 919 854 9812 ext 195 919 854 1282 ext 195 FAX No Contractor # 919 854 5448 Street Address (if different from above) City State ZIP Email robert lepsic @arcades us com <Form continues on back> 252 808 2808 1 888 4RCOAST www nccoastalmanagement net Form DCM MP 1 (Page 2 of 5) APPLICATION for Major Development Permit 3` Project Location Site Deschpt►on County (can be multiple) Street Address State Rd # Hertford Highway 158 Subdivision Name City State Zip N/A Winton Township NC Phone No Lot No (s) (if many attach additional page with list) ext N/A a In which NC river basin is the project located? b Name of body of water nearest to proposed project Chowan USGS HUC 03010204 NCDWQ SubBasin 03 01 Potecasi Creek 02 e c Is the water body identified in (b) above natural or manmade? d Name the closest major water body to the proposed project site NNatural ❑Manmade ❑Unknown Chowan River e Is proposed work within city limits or planning jurisdiction? f If applicable list the planning jurisdiction or city limit the proposed ❑Yes NNo work falls within powerline easement The vegetation was recently mowed Vegetation surrounding the easement is mature pine /hardwood N/A 4 Site Deschpt►on a Total length of shoreline on the tract (ft ) b Size of entire tract (sq ft ) Approximately 220 linear feet of an unnamed tributary to UT 17 236 256 sq ft Potecasi Creel and 280 and 5 450 linear feet of Potecasi Potecasi Creek 16 045 761 sq ft and 6 850 245 6 ft sq Creek c Size of individual lot(s) d Approximate elevation of tract above NHW (normal high water) or N/A NWL (normal water level) (If many lot sizes please attach additional page with a list) ❑NHW or ❑NWL e Vegetation on tract Three site within CAMA claimed public trust waters Site 1 (Site 2 on thew attached plans) is foresrted upstream and downstream of US 158 The rest of the area is the US 158 roadway and the grassed maintained right of way Site 2 (Site 10 on the attached plans) is forested Site 3 (not shown on the attached plans is located on a maintained overhead powerline easement The vegetation was recently mowed Vegetation surrounding the easement is mature pine /hardwood forest f Man made features and uses now on tract Site 1 US 158 and culvert Site 2 no manmade features Site 3 wooden power poles and the overhead powerline g Identify and describe the existing land uses adjacent to the proposed project site Adjacent land uses at all threes sites are forested h How does local government zone the tract? i Is the proposed project consistent with the applicable zoning? RA 20 Residential (Attach zoning compliance certificate if applicable) NYes ❑No ❑NA j Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes NNo k Hasa professional archaeological assessment been done for the tract? If yes attach a copy NYes ❑No ❑NA If yes by whom? I Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes NNo ❑NA National Register listed or eligible property? 252 808 2808 1 888 4RCO AST www nccoasta[management net Form DCM MP 1 (Page 3 of 5) <Form continues on next page> APPLICATION for Major Development Permit m (i) Are there wetlands on the site? ®Yes ❑No (u) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (i) or (u) above has a delineation been conducted? ®Yes []No (Attach documentation if available) n Describe existing wastewater treatment facilities N/A o Describe existing drinking water supply source N/A p Describe existing storm water management or treatment systems N/A 5" Activities and lmpacts y ti 1 i x'�" 4� � �,�� e "4 $ Ye -a`x q9F a Will the project be for commercial public or private use? ❑Commercial ®Public/Government ❑ Private/Comm unity b Give a brief description of purpose use and daily operations of the project when complete The purpose and need for this Project as identified in the State Environmental Assessment (SEA) is to provide system linkage support economic development and to ensure future safety along the project limits c Describe the proposed construction methodology types of construction equipment to be used during construction the number of each type of equipment and where it is to be stored The construction area will be cleared then graded The appropriate base material will be placed and compacted Then the new roadway surface will be layed down Equipment will be stored within the new road right of way Various roadway construction equipment will be used including excavators graders pavers rollers dump trucks water trucks frontend loaders crane etc See attached d List all development activities you propose There will be no commercial or residential development on the sites New roadway storm culverts bridges and utility lines will be constructed New roadway features will also be constructed including signs guardrail roadway shoulder etc e Are the proposed activities maintenance of an existing project new work or both? New work f What is the approximate total disturbed land area resulting from the proposed project? 05 ❑Sq Ft or ®Acres g Will the proposed project encroach on any public easement public accessway or other area ®Yes ❑No ❑NA that the public has established use of? h Describe location and type of existing and proposed discharges to waters of the state The discharge will consist of clean sandy fill material associated with the roadway and utility construction The locations of the fill are shown on the attached drawings i Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA j Is there any mitigation proposed? ®Yes ❑No ❑NA If yes attach a mitigation proposal 252 808 2808 1 888 4RCOAST www nccoastaImanagement net Form DCM MP 1 (Page 4 of 5) <Form continues on back> APPLICATION for Major Development Permit 6 s Additional Information In addition'to this completed` application form (MP 1) the following items below if applicable must be submitted in'order for the application package to be complete } Items (a) — (t) are always applicable to any major development application 'Please consult the application instruction booklet on how to I go perly prepare the required items below _t4 tir K �a S r a A project narrative b An accurate dated work plat (including plan view and cross sectional drawings) drawn to scale Please give the present status of the proposed project Is any portion already complete? If previously authorized work clearly indicate on maps plats drawings to distinguish between work completed and proposed c A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site d A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties e The appropriate application fee Check or money order made payable to DENR f A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management Name K tirt' W ' r � x Phone No, Address r r Name Phone No Address Name Phone No _t � Address' g A list of previous state or federal permits issued for work on the project tract Include permit numbers permittee and issuing dates None h Signed consultant or agent authorization form if applicable i Wetland delineation if necessary I A signed AEC hazard notice for projects in oceanfront and inlet areas (Must be signed by property owner) k A statement of compliance with the N C Environmental Policy Act (N C G S 113A 1 10) if necessary If the project involves expenditure of public funds or use of public lands attach a statement documenting compliance with the North Carolina Environmental Policy Act 7 Certification and Permission to Ente "r on Land � 2 I ,¢, 1) 1 -TM 44IN , I understand that any permit issued in response to this application will allow only the development described in the application The project will be subject to the conditions and restrictions contained in the permit I certify that I am authorized to grant and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow up monitoring of the project I further certify that the information provided in this application is truthful to the best of my knowledge Date Print Name Signature Please indicate application attachments pertaining to your proposed project ®DCM MP 2 Excavation and Fill Information ®DCM MP 5 Bridges and Culverts ❑DCM MP 3 Upland Development ❑DCM MP 4 Structures Information 252 808 2808 1 888 4RCOAST www nccoastaimanagement net Form DCM MP -2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Mayor Permit Form DCM MP 1 Be sure to complete all other sections of the Joint Application that relate to this proposed project Please include all supplemental information Describe below the purpose of proposed excavation and /or fill activities All values should be given in feet 1 Access ❑This section not applicable a Amount of material to be excavated from below NHW or NWL in b Type of material to be excavated Other existing sandy clay loam under the UT to Potecasi Creek Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL ) N/A or other wetlands (WL)? If any boxes are checked provide the stabilization Length ❑CW [—]SAV ❑SB OWL 4760 ❑None 170 Width The excavation is required to install the culvert and allow positive drainage through the culvert 28 Avg Existing 2 NA NA Elev 15 1 ft Depth a Location of disposal area b Dimensions of disposal area Excavate material will be utilized in the roadway slope of N/A Final Project the project c NA NA, Elev 13 38 ft Depth ❑Yes ❑No ®NA 1 EXCAVATION ❑This section not applicable a Amount of material to be excavated from below NHW or NWL in b Type of material to be excavated cubic yards existing sandy clay loam under the UT to Potecasi Creek 620 cubic yards c (i) Does the area to be excavated include coastal wetlands /marsh d High ground excavation in cubic yards (CW) submerged aquatic vegetation (SAV) shell bottom (SB) N/A or other wetlands (WL)? If any boxes are checked provide the number of square feet affected ❑CW [—]SAV ❑SB OWL 4760 ❑None (u) Describe the purpose of the excavation in these areas The excavation is required to install the culvert and allow positive drainage through the culvert 2 DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a Location of disposal area b Dimensions of disposal area Excavate material will be utilized in the roadway slope of N/A the project c (i) Do you claim title to disposal area? d 0) Will a disposal area be available for future mamtenance9 ❑Yes ❑No ®NA ❑Yes ❑No ®NA (u) If no attach a letter granting permission from the owner (u) If yes where? (i) Does the disposal area include any coastal wetlands /marsh (CW) submerged aquatic vegetation (SAV) shell bottom (SB) or other wetlands (WL)? If any boxes are checked provide the number of square feet affected ❑CW ❑SAV ❑SB OWL ®None (u) Describe the purpose of disposal in these areas f (i) Does the disposal include any area in the water? ❑Yes ❑No [DNA (u) If yes how much water area is affected? 252 808 2808 1 888- 4RCOAST www nccoastal management net revised 12/26/06 Fo6'o'tl'4 DCM MP -2 (Excavation and Fill, Page 2 of 2) 3 SHORELINESTABILIZATION , This sechoWnot applicable (If development is a wood groin use MP 4 - Structures) a Type of shoreline stabilization b Length ❑Bulkhead ❑Riprap ❑Breakwater /Sill ❑Other Width C Average distance waterward of NHW or NWL d Maximum distance waterward of NHW or NWL e Type of stabilization material g Number of square feet of fill to be placed below water level Bulkhead backfill Riprap Breakwater /Sill Other I Source of fill material f (i) Has there been shoreline erosion during preceding 12 months? []Yes ❑No ❑NA (u) If yes state amount of erosion and source of erosion amount information h Type of fill material F -- ` 4 OTHER FILL CTIVITIES ; "�cY = This section not applicable A (Excluding Shoreline Stabdizafron) 4�4-' � ' I , I, � � t `' r{ k - a h) Will fill material be brouaht to the site? ®Yes ❑No ❑NA b (t) Will fill material be placed in coastal wetlands /marsh (CW) If yes (u) Amount of material to be placed in the water aoarox 300 cubic yards (iii) Dimensions of fill area 145 x 28 (iv) Purpose of fill To provide a stable and solid base for the culvert submerged aquatic vegetation (SAV) shell bottom (SB) or other wetlands (WL)? If any boxes are checked provide the number of square feet affected ❑CW ❑SAV ❑SB OWL 4.060 ❑None (u) Describe the purpose of the fill in these areas To provide a stable and solid base for the culvert 5 GENERAL w a How will excavated or fill material be kept on site and erosion b What type of construction equipment will be used (e g draglme controlled? backhoe or hydraulic dredge)? Fill material will be graded to a 3 1 slope and vegetation to prevent Excavator and dumptruck erosion c (i) Will navigational aids be required as a result of the protect? d (i) Will wetlands be crossed in transporting equipment to protect [-]Yes ®No ❑NA site? ❑Yes ®No ❑NA (n) If yes explain what type and how they will be implemented (u) If yes explain steps that will be taken to avoid or minimize environmental impacts 252 808 2808 1 888- 4RCOAST www nccoastalmanagement net revised 12/26/06 Applicant Name IDate N ,� z tit r C - { 's--- Applicant Signature -� `- °Y , ,Y Protect Name _ 4� N 252 808 2808 1 888- 4RCOAST www nccoastalmanagement net revised 12/26/06 Form ON MP 5 BRIDGES and CULVERTS Attach this form to Joint Application for CAMA Major Permit Form DCM MP 1 Be sure to complete all other sections of the Joint Application that relate to this proposed project Please include all supplemental information 1 BRIDGES $ ry ❑This section not applicable a Is the proposed bridge b Water body to be crossed by bridge ❑Commercial ®Public/Govemment ❑Private /Community Unnamed tmbutary to Potecasi Creek and Potecasi Creek c Type of bridge (construction material) d Water depth at the proposed crossing at NLW or NWL 2 12 X8 reinforced concrete box culvert and modified bulb UT 2 45 ft NLW tee girder bridge Poticasi Creek 8 0 ft NLW e (i) Will proposed bridge replace an existing bridge? ❑Yes ®No If yes (u) Length of existing bridge (w) Width of existing bridge (iv) Navigation clearance underneath existing bridge (v) Will all or a part of the existing bridge be removed? (Explain) g Length of proposed bridge approx 300 ft I Will the proposed bridge affect existing water flow? ❑Yes ®No If yes explain f (i) Will proposed bridge replace an existing culvert? ❑Yes ®No If yes (u) Length of existing culvert (iii) Width of existing culvert (iv) Height of the top of the existing culvert above the NHW or NWL (v) Will all or a part of the existing culvert be removed? (Explain) h Width of proposed bridge 2 spans 70 ft each t Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? []Yes ®No If yes explain k Navigation clearance underneath proposed bridge approx 18 0 1 Have you contacted the U S Coast Guard concerning their ft approval? ❑Yes ®No If yes explain m Will the proposed bridge cross wetlands containing no navigable n Height of proposed bridge above wetlands approx 15 ft waters? ®Yes ❑No If yes explain Wetlands are located adjacent and to the east of Potecasi Creek The bridge will span the wetlands Therefore not result in an impact to the wetlands 2 "CULVERTS X � * "� 4 �S fiz r -40 This section not apph ' b/e �< _r a Number of culverts proposed 2 b Water body in which the culvert is to be placed UT to Potecasi Creek 252 808 2808 1 888- 4RCOAST www ncc02st2lm2n2gement net revised 10126/06 FE9@"1'4'1 ®CM MP-5 (Bridges and Culverts, Page 2 of 4) c Type of culvert (construction material) Reinforced concrete box culvert d (i) Will proposed culvert replace an existing bridge? < Form continues on back> []Yes ®No If yes (n) Length of existing bridge (ni) Width of existing bridge (iv) Navigation clearance underneath existing bridge _ (v) Will all or a part of the existing bridge be removed? (Explain) f Length of proposed culvert approx 170 ft h Height of the top of the proposed culvert above the NHW or NWL 53ftNWL Will the proposed culvert affect navigation by reducing or increasing the existing navigable opening? ❑Yes ®No If yes explain e (i) Will proposed culvert replace an existing culvert? ®Yes ❑No If yes (n) Length of existing culvert(s) approx 88 ft (iii) Width of existing culvert(s) 12 ft (iv) Height of the top of the existing culvert above the NHW or NWL 1 5 NWL (v) Will all or a part of the existing culvert be removed? (Explain) All The roadway alignment will be shifted to the south The old roadway and culvert will be removed in order to construct the new roadway 9 Width of proposed culvert 2 at 12 wide I Depth of culvert to be buried below existing bottom contour 1Oft k Will the proposed culvert affect existing water flow? If yes explain ❑Yes ®No 3 EXCAVATION and FILL f 7 -, _ � d tt �V ❑This section not applicable -' a (i) Will the placement of the proposed bridge or culvert require any excavation below the NHW or NWL? ®Yes []No If yes (n) Avg length of area to be excavated 170 ft (iii) Avg width of area to be excavated 28 ft (iv) Avg depth of area to be excavated 3 5 ft (v) Amount of material to be excavated in cubic yards 620 cy b (i) Will the placement of the proposed bridge or culvert require any excavation within coastal wetlands /marsh (CW) submerged aquatic vegetation (SAV) shell bottom (SB) or other wetlands (WL)? If any boxes are checked provide the number of square feet affected ❑CW ❑SAV ❑SB ®WL 75 soft ❑None (n) Describe the purpose of the excavation in these areas The excavation is required to install the culver and allow positive drainage through the culvert 252 808 2808 1 888- 4RCOAST www nccoastal management net revised 10126/06 Form DCM MP-5 (Bridges and Culverts, Page 3 of 4) c (i) Will the placement of the proposed bridge or culvert require any high ground excavation? ❑Yes ®No If yes (n) Avg length of area to be excavated (m) Avg width of area to be excavated (iv) Avg depth of area to be excavated (v) Amount of material to be excavated in cubic yards d If the placement of the bridge or culvert involves any excavation please complete the following (i) Location of the spoil disposal area Excavated material will be utilized in the roadway slopes of the project e 9 (n) Dimensions of the spoil disposal area N/A (ni) Do you claim title to the disposal area? ❑Yes ❑No (If no attach a letter granting permission from the owner) (iv) Will the disposal area be available for future maintenance? ❑Yes ❑No (v) Does the disposal area include any coastal wetlands /marsh (CW) submerged aquatic vegetation (SAVs) other wetlands (WL) or shell bottom (SB)? ❑CW ❑SAV OWL ❑SB ®None If any boxes are checked give dimensions if different from (n) above (vi) Does the disposal area include any area below the NHW or NWL? ? ❑Yes ®No If yes give dimensions if different from (n) above (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed below NHW or NWL? ®Yes ❑No If yes (n) Avg length of area to be filled 145 (iii) Avg width of area to be filled 28 (iv) Purpose of fill To provide a stable and solid base for the culvert (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed on high ground? ❑Yes ®No If yes (n) Avg length of area to be filled (m) Avg width of area to be filled (rv) Purpose of fill (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed within coastal wetlands /marsh (CW) submerged aquatic vegetation (SAV) shell bottom (SB) or other wetlands (WL)? If any boxes are checked provide the number of square feet affected ❑CW ❑SAV ❑SB OWL 4,060 ❑None (n) Describe the purpose of the excavation in these areas To provide a stable and solid base for the culvert 4 GENERAL' r 'tea. w 4 -� — tt a 3 s a Will the proposed project require the relocation of any existing utility lines? ®Yes ❑No If yes explain Utilities will be relocated to within the new road right of way This work is covered under a CAMA General Permit b Will the proposed project require the construction of any temporary detour structures? ❑Yes ®No If yes explain 252 808 2808 1 888- 4RCOAST www nccoastalmanagement net revised 10/26106 Form DCM MP -5 (Bridges and Culverts, Page 4 of 4) If this portion of the proposed project has already received approval from local authorities please attach a copy of the approval or certification < Form continues on back> Will the proposed project require any work channels'? d How will excavated or fill material be kept on site and erosion ❑Yes ®No controlled? If yes complete Form DCM MP 2 Excavated material will be immediately hauled from the site for use elsewhere on the project If the material is to be temporarily stored on site silt fence will be installed around the material until it is hauled off Fill material will be stabalized by grading it to a 3 1 slope and seeding it after installation What type of construction equipment will be used (for example f Will wetlands be crossed in transporting equipment to project site? draglme backhoe or hydraulic dredge)? ❑Yes ®No Culvert construction excavator and dumptrucks If yes explain steps that will be taken to avoid or minimize Bridge construction Crane excavator piledriver and environmental impacts dumptrucks g Will the placement of the proposed bridge or culvert require any shoreline stabilization? ❑Yes ®No If yes complete form MP 2 Section 3 for Shoreline Stabilization only 252 808 2808 1 888- 4RC®A,SY www nccoastatmanagement net revised 10126/06 bate Name Project Applicant Name a ��� ` r 0 Applicant Signature r m a 252 808 2808 1 888- 4RC®A,SY www nccoastatmanagement net revised 10126/06 US 158 Widening from Murfreesboro Bypass to US 13 west of Winton Additional Information a Project Narrative The proposed project will widen US 158 in Hertford County to a multi lane facility from the Murfreesboro Bypass to US 13 west of Winton A four lane divided facility consisting of four 12 foot travel lanes paved shoulder and a 46 foot wide grassed median is proposed Two on site meetings were held with Stephen Lane Coastal Management Representative one on June 28 2011 during the utility work phase The second meeting was help on November 8 2011 and was the pre application meeting for the entire project At the June meeting it was determined that two public trust waters exist on site Poticasi Creek and an unnamed tributary to Potecasi Creek A permit application was submitted for the early utility work within these areas and authorization was received in November 2011 This permit application is for the remaining work The proposed roadway design will affect two public trust waters at a total of three sites Site 1(Site 2 on the attached permit drawings) is located on an unnamed tributary to Potecasi Creek Work at Site 1 consists of the construction of the new roadway and the installation of 2 12 by 8 reinforced concrete box culverts The existing culvert will be removed restoring the channel The stream banks at this location will be armored with rip rap The resulting public trust water impacts are 230 feet of permanent impacts and 20 feet of temporary impacts Site 2 (Site 10 on the attached permit drawings) is located on Potecasi Creek Work at this location will consist of the construction of an approximately 300 foot long bridge over Potecasi Creek The bottom of the bridge girders will be 18 feet above the average water surface elevation Pier supports will not be installed within the creek channel A temporary work bridge will be installed at Site 2 to construct the permanent bridge The bottom of the temporary bridge will be approximately 7 feet above the average water surface of Potecasi Creek The temporary bridge deck will not extend completely across Potecasi Creek A ten foot opening will be maintained on the west end to provide boating access through the construction area Because the permanent bridge is spanning Potecasi Creek and no support piers are being installed within the creek channel there will be no permanent impacts to public trust waters The temporary construction bridge will not result in temporary boating access impacts to Potecasi Creek given the fact that access will be maintained upstream and downstream of Potecasi Creek Site 3 (not shown on the attached permit drawings) is located on Potecasi Creek approximately 2 600 feet northeast of Site 2 Work at this location consist of the relocation of an overhear power line This work was authorized by CAMA in November 2011 All other areas of impact are shown on the attached permit drawings Also attached is a list of the property owners and parcel numbers where the impacts will occur and a jurisdictional area impact summary table 1 CONSTRUCTION METHODS b Status of Proposed Project Construction has not been initiated on any portion of the project Construction cannot commence until all regulatory agency authorization has been obtained as well as property and easement acquisition completed c Location Map A location map is attached d Deed The attached table presents the property owners names addresses deed book and page number and county PIN number Prior to commencement of any portion of the work all required properties and easements will be acquired e Application Fee Authorization to debit the $475 Permit Application Fee from WBS Element 3580111 is hereby given f Adjacent Landowners The adjacent landowners have been contacted regarding this project and permit application Land owners were also contacted during the planning phase of the project Public meeting were held as part of the NEPA process g Previous Permits Issued for the Work CAMA issued a permit to conduct the upland utility relocation at Site 3 h Signed Agent Authorization From A signed authorization form is attached i Wetland Delineation A wetland delineation was conducted in the area Agency verified wetlands are shown on the plan sheets Verification letters and memos are included in the State Environmental Assessment Signed AEC Hazard Notice A signed AEC hazard notice is not required The project is not located in an oceanfront or inlet area k Statement of Compliance with N C Environmental Policy Act A State Finding of No Significant Impact was signed on June 3 2008 A copy is attached 2 STATE OF NORTH CAROLINA DEPARTIVENT OF TRANSPORTATION BEVERLY EAVES PERDUE GOVERNOR December 6 2011 PROPERTY OWNER To be mailed to the attached list Dear Landowner EUGENE A CONTI JR SECRETARY The North Carolina Department of Transportation is planning to widen US 158 from Murfreesboro Bypass to US 13 West of Winton This project crosses public trust waters, as defined by the North Carolina Division of Coastal Management (DCM), and must be approved by the DCM under provisions of the Coastal Area Management Act (CAMA) One of the prerequisites to this approval is that adjacent riparian landowners be given an opportunity to comment on the proposal A vicinity map and site drawings are enclosed for your review The attached form is submitted to ensure that you have an opportunity to comment on the proposal The work planned is depicted in the attached drawing If you have no objections to the proposal, please return the form with your response within 30 days to this office If you do have objections to the project please forward your comments to Enclosures cc Stephen Lane NCDCM File U 3810 MAILING ADDRESS NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1598 MAIL SERVICE CENTER RALEIGH NC 27699 1598 Mr Stephen Lane N C Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Thank you for your cooperation Sincerely Gregory J Thorpe PhD Environmental Management Director PDEA TELEPHONE 919 707 6100 FAX 919 212 5785 WEBSITE WWW NCDOT ORG LOCATION 1020 BIRCH RIDGE DRIVE RALEIGH NC 27610 -4328 ADJACENT RIPARIAN LANDOWNER STATEMENT (US 158 from Murfreesboro Bypass to US 13 West of Winton) TIP Project No R 2583 General Statutes and Division of Coastal Management Mayor Development Permit approval procedures require that riparian landowners with property adjoining a proposed development in an Area of Environmental Concern (AEC) be given thirty (30) days in which to comment on the proposed development This form allows the adjacent riparian landowner to express either (1) that he /she objects to the project or (2) that he /she does not object and desires to waive his /her right to the 30 day period so that the processing of the application can progress more rapidly Of course the adjacent riparian landowner need not sign this form at all if he /she so chooses I am an adjacent riparian property owner and am aware of the North Carolina Department of Transportations plans for widening US 158 from Murfreesboro Bypass to US 13 West of Winton Hertford County North Carolina I am further aware that this work will occur in one or more Areas of Environmental Concern and therefore will require authorization from the Division of Coastal Management in accordance with the Coastal Area Management Act (CAMA) I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113 229 I have objections to the project as presently proposed and my comments are attached Signature of Adjacent Riparian Landowner Phone Number with Area Code 2 Date U S ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action I1 200411102 County Hertford U S G S Quad. Murfreesboro, NC NOTIFICATION OF JURISDICTIONAL DETERMINATION Property OwnenAgent NCDOT, Greeory J Thorpe, Ph,D Address Environmental Management Director, PDEA 1548 Marl Service Center Raleigh, North Carolina 27699 -1548 Telephone No (919) 733 3141 Property description. Size (acres) Addendum Area 52 acres Nearest Town Murfreesboro & Winton Nearest Waterway Potecasi Creek River Basin Chowan USGS HUC 03010204 &03010203 Coordinates N 36 4091931 W 77 0083175 Location description Note - This JD IS an addendum to a previous JD that was approved and signed on 2/5/2004 for TIP # R 2583 The additional proiect area is approximately 4800 -feet long (9 miles) and vanes in width from approximately 800 -feet wide on the westerly portion to less than 100 -feet wide where It toms up with the previous proiect areas Previous wetland areas WBB WZ, and WU have been deleted and wetland areas WY and WX were shthtly altered Stream SF was changed from Perenial to intermittent. The addendum project area is adjacent to an unnamed tnbutary to Potecam Creek and Potecast Creek Indicate Which of the Follow= Apply Based on preliminary information, there may be wetlands on the above described property We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 33 1) _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Rarbors Act and Section 404 of the Clean Water Act Unless there is a change in the law or our published regulations this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters of the U S including wetlands on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344) Unless there is a change in the law or our published regulations tits determination may be relied upon for a penod not to exceed five years from the date of this notification. — We strongly suggest you have the wetlands on your property delineated Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner For a more timely delineation, you may wish to obtam a consultant To be considered final, any delineation must be verified by the Corps X The waters of the U S including wetland on your project area have been delineated and the delineation has been verified by the Corps We strongly suggest you have this delineation surveyed Upon completion, this survey should be reviewed and verified by the Corps Once verified, this survey will provide an accurate depiction of all areas subject to CWA junsdiction on your property which, provided there is no change in the law or our published regulations may be relied upon for a period not to exceed five years _ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on Unless there is a change in the law or our published regulations this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U S to include wetlands present on the above described property which are subject to the Permit requirements of Section 404 of the Clean Water Act (33 USC 1344) Unless there is a change m the law or our Published regulations this determination may be relied upon for a period not to exceed five years from the date of this notification X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA) You should contact the Division of Coastal Management in Elizabeth City NC at (252) 264 -3901 to determine their requirements Page 1 of 2 Action ID 200411102 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311) If you have any questions regarding this determination and/or the Corps regulatory program, please contact Bill Biddlecome at (252) 975 1616 eat. 26 C Basis For Determination This site exhibits wetland cntena as described in the 1987 Corns Wetland Delineation Manual and is part of a broad continuum of wetlands connected to Potecasi Creek, a tributary to the Meherrm River which is a tributary to the Chowan River D Remarks Cross reference action I.D (JD) # 200411102 dated 2/5/2004, and action Im #200211081 E Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B above) This correspondence constitutes an approved jurisdictional determination for the above described site If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331 Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form If you request to appeal this determination you must submit a completed RFA form to the South Atlantic Division, Division Office at the Following address Mr Michael F Bell, Administrative Appeal Review Officer CESAD ET CO R U S Army Corps of Engineers South Atlantic Division 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303 8801 In order for an RFA to be accepted by the Corps the Corps must determine that it is complete that it meets the criteria for appeal under 33 CFR part 3315 and that it has been received by the Division Office within 60 days of the date of the NAP Should you decide to submit an RFA form, it must be received at the above address by May 30, 2006 * *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination m tins correspondence ** Corps Regulatory Official Date 03/30/2006 Expiration Date 03/30/2011 Copy famished John Jamison BDR Engmeermg Inc of the Carolinas 3733 National Drive Suite 207 Raleigh, North Carolina 27612 4845 Page 2 of 2 PARCELNO PROPERTY OWNERS NAMES AND ADDRESSES NAMES ADDRESSES 404 MAPLE ST MURFREESBORO NC 27855 74 JESSE E VAUGHAN 105 COLLIN RD MURFREESBORO NC 27855 72 FENTON BLOUNT FERGUSON EST 609 CHOWAN ST MURFREESBORO NC 27855 77 ANN V WEATHERSBEE 915 US 158 WEST MURFREESBORO NC 27855 81 ROBERT B HARRELL 507 SPRING AVE MURFREESBORO NC 27855 82 SELMA V MAJETTE 816 US 158 WEST AHOSKI NC 27910 88 TILMAN VAN HAND Jr 815 US 158 W AHOSKIE NC 27910 83 TALL COTTON STABLES INC RT 1 BOX 3838 MURFREESBORO NC 27855 89 E R EVANS &SONS INC 434 E WOODROW SCHOOL RD MURFREESBORO NC 27855 90 JOHN C JONES PO BOX 368 AHOSKIE NC 27910 95 CARNEY GATLING 35 PRINCESS AVE MARLTIN NJ 8053 96 LEONE & VERNON STEPHENSON 31 SPRUCE ST BRIDGETON NJ 8302 105 TOWN OF WINTON PO BOX 134 WINTON NC 27986 117 CHERRY F GODWIN 407 US 158 WEST AHOSKIE NC 27910 119 DARRELL T BRACY 432 US 158 W AHOSIKE NC 27910 120 WACKENHUT CORRECTIONS CORP 621 N W 53RD ST SUITE 700 BOCA RATON FL 33487 121 ALBERT T BEVERLY 311 US 158 WEST WINTON NC 27986 HERTFORD COUNTY PROJECT R 2583 US 158 WIDENING FROM MURFREESBORO BYPASS TO US 13 WEST OF WINTON SHEET OF 10/3/11 4 JOSEPH E DIXON 404 MAPLE ST MURFREESBORO NC 27855 74 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